Careful study of the papers, statements and interviews that were
published by the First and Deputy First Minister, Peter Robinson and
Martin McGuinness, outlining the agreed process for the transfer of
policing and justice powers clearly indicates that a Department of
Justice could be functioning by the early months of the new year.

In the documents, statements and interviews given by both ministers
there is an underlying acceptance, and indeed a political and moral
imperative, to move from where we are now - without a justice ministry
- to the setting up of a Department of Justice ‘without undue delay’.

The phrase ‘without undue delay’, which is contained in most of the
ministerial public commentary, is the oil in the engine of the
government system which will drive the process forward to the point
where a justice minister will be shortly elected by the assembly.

The phrase also recognises that we are dealing with an issue and a
situation which requires urgent and daily attention by the Office of
the First and Deputy First Minister.

It is they who will determine the speed with which the situation is
moved forward and that is crucial because an irreversible momentum is
required to prevent those in the political and military systems opposed
to this breakthrough smothering it at birth.

Ministerial responsibility for Peter Robinson and Martin McGuinness
will include liaising and guiding the new justice minister, appointing
the lay members of the Judicial Appointments Commission, who in turn
make recommendations to them about judicial appointments and agreeing,
as they did, John Larkin being named as the new attorney general.

Furthermore Sinn Féin has made it clear that its preference for the
first justice ministry will be a member of the SDLP.

It is quite clear now and has been throughout the course of the
negotiations between Sinn Féin and the DUP that failure to transfer
policing and justice powers to the north’s executive could have led to
the collapse of the institutions.

The transfer of power deal between Sinn Féin and the DUP is highly
significant for two reasons - organised unionist opposition to the
transfer of policing and justice powers has largely receded and an
opportunity is now emerging which could see a prolonged period of
political stability to replace the uncertainty and insecurity of recent
times.

This stability will now allow for a period of pre-planning accompanying
the functioning of the all-Ireland ministerial council, executive and
assembly.

The new circumstances will mean the executive can apply itself and its
resources in a determined and focused way to helping all those affected
by the unprecedented and far-reaching economic crisis.

One of Sinn Féin’s key objectives in the course of the negotiations
with the DUP was to convince them that they are in a partnership
government with republicans and that there is no ‘no-go area’ of
government for republicans or nationalists.

The practical working out of the deal will reflect that particular
reality and while Sinn Féin and the DUP have both accepted that they
will not nominate for the justice post, this is a temporary arrangement
for the exceptional circumstances that we are in.

Sinn Féin’s calculation is that it is far more important to secure the
transfer of powers away from London to Belfast than be vexed about it
securing the post.

Policing and justice is one of a few remaining political powers still
residing in London. Its transfer to Belfast will extend control on a
very important issue to politicians and people on this island.

The point has almost been reached where the combined power and remit of
the Irish government based in Dublin and the north’s administration
based in Belfast is a practical expression of joint sovereignty by the
nationalist and unionist people of this island over their own affairs.

This development is an important staging post in overcoming obstacles
which stand in the way of peacefully securing an independent and united
Ireland.

There are many issues yet to be resolved - equality, acht na Gaeilge,
educational reform and the future of the Long Kesh site, among others
but another corner has been turned in this country’s transitional
development towards a radical, new and working all-Ireland political
dispensation.